Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 24700 of 2021 Applicant :- Vikas Opposite Party :- State of U.P.
Counsel for Applicant :- Abhishek Kumar Singh,Ram Prakash Patel Counsel for Opposite Party :- G.A.
Hon'ble Samit Gopal,J.
Heard Sri Abhishek Kumar Singh, learned counsel for the applicant and Sri Ankit Srivastava, learned brief holder for the State and perused the material on record.
This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant Vikas seeking enlargement on bail during trial in connection with Case Crime No. 202 of 2021, under Sections 376 I.P.C., Police Station Cantt, District Varanasi.
Learned counsel for the applicant argued that the applicant has been falsely implicated in the present case. It is argued that the victim was living with the applicant for one week and then she became pregnant from the applicant, is false and incorrect. It is argued that the victim in her statement recorded under Section 161 Cr.P.C. stated the same version as that of the First Information Report. It is further argued that in her statement recorded under Section 164 Cr.P.C. she stated that she is married with the applicant and from the wedlock there is a child aged about 5 months. It is argued that the said version is a totally false and concocted version. Learned counsel has placed annexure 10 to the affidavit and has argued that even in the year 2018, the victim had lodged a First Information Report which was registered as Case Crime No. 114 of 2018 under Sections 420, 376 IPC, P.S. Lohata, District Varanasi against two named accused persons with almost similar allegations. It is argued that the victim is habitual in lodging false FIRs and thereby blackmailing persons. It is argued that on the own showing in the First Information Report, the victim is aged about 20 years and as such she is a major. He further argued that the applicant has no criminal history as stated in para 25 of the affidavit and is in jail since 25.03.2021.
Per contra, learned counsel for the State opposed the prayer for bail and argued that the applicant is named in the First Information Report and in the statement under Section 161 Cr.P.C. of the victim and there are allegations of establishing physical relationship with the victim.
After having heard learned counsels for the parties and perusing the records, it is apparent that the victim is a major women. She states to have resided with the applicant for one week in his house and physical relationship was established. There is a contradiction in the First Information Report, statement under Section 161 Cr.P.C. from the statement under 164 Cr.P.C. of the victim. There is previously a First Information Report registered against other persons by the victim.
Looking to the facts and circumstances of this case, the nature of evidence and also the absence of any convincing material to indicate the possibility of tampering with the evidence, this Court is of the view that the applicant may be enlarged on bail.
Let the applicant Vikas, be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:-
i) The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever.
ii) The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the date fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.
(iv) The applicant will not misuse the liberty of bail in any manner whatsoever. In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under section 82 Cr.P.C., may be issued and if applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under section 174-A I.P.C.
(V) The applicant shall remain present, in person, before the trial court on dates fixed for (1) opening of the case, (2) framing of charge and (3) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law and the trial court may proceed against him under Section 229- A IPC.
(vi) The trial court may make all possible efforts/endeavour and try to conclude the trial expeditiously after the release of the applicant.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
The bail application is allowed.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
The computer generated copy of such order shall be self attested by the counsel of the party concerned.
The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 29.7.2021 M. ARIF (Samit Gopal, J.)